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Hall v. Hall

Court of Appeals of Ohio, Fifth District

June 24, 2013

CAROL HALL Plaintiff-Appellee
v.
DEAN HALL Defendant-Appellant

Civil Appeal from the Court of Common Pleas, Domestic Relations Division, Case No. 2000 DR 00042

For Plaintiff-Appellee, STANLEY R. RUBIN

For Defendant-Appellant, LORRIE E. FUCHS

JUDGES: Hon. William B. Hoffman, P. J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J.

OPINION

Wise, J.

{¶1} Appellant Dean Hall appeals the decision of the Stark County Court of Common Pleas, Domestic Relations Division, which denied his motion to reconsider the denial of his motion to terminate spousal support and for other relief. Appellee Carol Hall is appellant's former spouse and the obligee on the spousal support order. The relevant facts leading to this appeal are as follows.

{¶2} Appellant Dean and Appellee Carol were married in November 1984. Three children, all presently emancipated, were born of the marriage.

{¶3} On January 10, 2000, Appellee Carol filed a complaint for legal separation. On September 25, 2000, Appellant Dean filed a counterclaim for divorce.

{¶4} Most of the issues in the case were ultimately settled via an oral separation agreement read into the record. The final decree of divorce, filed April 4, 2001, incorporated, inter alia, the following orders as to payment of spousal support:

{¶5} "It is hereby ORDERED, ADJUDGED, AND DECREED that [Dean] will pay the sum of One Thousand Sixty-three Dollars and Seventy-five ($1, 063.75) per month in spousal support for the lifetime of [Carol]. Said payments will be made to [Carol] through the Stark County Child Support Enforcement Agency with necessary two percent (2%) poundage, beginning February 1, 2001. The Court shall retain jurisdiction over this issue for the lifetime of the parties."

{¶6} Divorce Decree at 3-4.

{¶7} In August 2002, Dean filed a motion to modify spousal support, which was denied by the trial court following a hearing.

{¶8} In May 2007, Dean again filed a motion to modify spousal support. The matter proceeded to a scheduled evidentiary hearing before a magistrate. On October 17, 2007, the magistrate issued a decision, which was approved by the trial court, modifying spousal support by agreement of the parties to $700.00 per month, commencing October 1, 2007. The court also ordered, again with the agreement of the parties, that it would not retain jurisdiction over the issue of further spousal support modification. No language regarding death of the parties or remarriage of Carol was included in the judgment entry.

{¶9} On January 4, 2012, Dean filed a "motion to terminate spousal support and other relief available" based on Carol's remarriage. Carol responded with a motion to dismiss Dean's motion on May 9, 2012, essentially arguing the trial court lacked jurisdiction regarding such request for spousal support ...


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